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The prohibition on staff members becoming involved in businesses or activities which may give rise to a conflict of interest is set out in former Staff Regulation 1.2(m) (in force at the time of the events, the subject matter of the present case) as follows: Staff members shall not be actively associated with the management of, or hold a financial interest in, any profit making business or other concern, if it were possible for the staff member or the profit making, business or other concern to benefit from such association or financial interest by reason of his or her position with the United Nations. (...) Akello likely obtained personal gain from the company’s profits derived from the provision of services to the Organization. (...) Akello’s involvement in Blessed Seasons meets the standard of business activity and enterprise prohibited by former Staff Regulation 1.2(m).
Language:English
Score: 1096379.8 - www.un.org/en/internalj...at/judgments/2013-UNAT-336.pdf
Data Source: oaj
Treaty framework for taxing business profits 3.1 “Business” and “profits” The terms “business” and “profits” are normally not defined in tax treaties.17 Pursuant to Article 3(2), undefined terms used in a treaty generally have their meanings in the domestic law of the country applying the treaty. In general, civil law countries tend to characterize all of the income of business enterprises as “business” income. Common law countries tend to distinguish between business income and passive investment-type income.18 “Profits” generally means net profit under the domestic income tax laws. Cost and expenses incurred for business purposes are generally deductible in computing profit.
Language:English
Score: 1092650.3 - https://www.un.org/esa/ffd/wp-...013/05/20130530_Paper5A_Li.pdf
Data Source: un
The spread of digitalization has not changed the fundamental nature of the core activities that businesses carry out as part of a business model to generate profits. (...) A proportion of the non-routine profit of the business would, however, be allocated from the entities that are currently realizing that profit to the jurisdictions in which users are located. (...) Whether to tax cross border profits of digitalized businesses under domestic law is an exclusive and sovereign decision of a country.
Language:English
Score: 1077820.8 - https://www.un.org/esa/ffd/wp-...tion-issues-digitalization.pdf
Data Source: un
Article 7 of the UN Model governs the taxation by a Contracting State of business profits if a permanent establishment or fixed base exists in that State. (...) The first question of interpretation is whether, under the terms of the UN Model Article 7(1), the profits of the home office from the creation in the home office State and provision of E/C.18/2019/CRP.27 Page 3 of 4 the goods and merchandise maybe be taxed by the State in which the permanent establishment is situated as the business profits of the permanent establishment. 6. (...) Therefore, profits arising from a business activity conducted within the home office State would clearly not be taxable by the State in which the permanent establishment is situated.”
Language:English
Score: 1075872.95 - https://www.un.org/esa/ffd/wp-...P27_other-issues_article-7.pdf
Data Source: un
Microsoft PowerPoint - TaxationOfBusinessProfits UN Meeting Jan29 2013.pptx Jinyan Li Jan.29 2013Jinyan Li Jan.29 2013 11 Taxation of NonTaxation of Non--residents residents on Business Profits on Business Profits OverviewOverview  Focus on:Focus on: Art.5 Art.5 -- PE definitionPE definition Art.7 Art.7 -- Business profitsBusiness profits  Reference to: Reference to: Art.14 Art.14 –– Independent servicesIndependent services Art.9 Art.9 –– Associated enterprises Associated enterprises (transfer pricing)(transfer pricing) Jinyan Li Jan.29 2013Jinyan Li Jan.29 2013 22 Jinyan Li Jan.29 2013Jinyan Li Jan.29 2013 33 How does your How does your country know if a country know if a NR is earning NR is earning business profits in business profits in your country? (...)  Distributor without Distributor without authority to conclude authority to conclude contracts (Art.5(5)(b))contracts (Art.5(5)(b)) Jinyan Li Jan.29 2013Jinyan Li Jan.29 2013 77 Jinyan Li Jan.29 2013Jinyan Li Jan.29 2013 88 SUB PE ? PROFIT: Approach  Domestic rules for Domestic rules for determining profits determining profits attributable to PE? (...) 4.4. Deemed amount of profit? Deemed amount of profit? Jinyan Li Jan.29 2013Jinyan Li Jan.29 2013 99 Profit Determination & Transfer Profit  Explicitly apply the transfer pricing Explicitly apply the transfer pricing rules to PE?
Language:English
Score: 1068529.5 - https://www.un.org/esa/ffd/wp-...0/20130128_Presentation_Li.pdf
Data Source: un
Microsoft PowerPoint - Application of tax treaties to non-residents (business 1 Application of tax treaties to non- residents (business profits and services) Adolfo Martín Jiménez Professor of Tax Law University of Cádiz (Spain) http://catedras.uca.es/eu-tax-law-jean-monnet Summary • Introduction: treaty design and administration of treaties • Administration, legal certainty and prevention of conflicts • Application of tax treaties to non-residents (business profits and services): procedures – Withholding v. self assessment – Direct application – Withhold and refund – Application subject to verification of treaty entitlement – Balance of factors for business profits and services • Obtaining information to apply the treaty: business profits and services • Application of the treaty to non-residents business profits (thresholds + interconnection of treaty and domestic law): – PE (art. 5 and 7 UN MC) – Royalties and technical services (art. 12 + draft article UN MC) – Independent personal services (art. 14 UN MC) – Employment income (art. 15 UN MC) • Enforcement of tax claims • Case studies 2 http://catedras.uca.es/eu-tax-law-jean-monnet Introduction: treaty design and administration • A country should have treaties linked and ‘compatible’ with legislation / administrative capabilities: – Complexity of treaty in line with complexity of legislation and sophistication of administration • Examples: – PE is complex for some countries, for them, withholdings are easier to apply – Definition of source in domestic law aligned with source in treaties • Issues with payer if for instance payer non-resident; if services provided from outside the country taxed, only effective way of taxation is withholding / no deduction of payment etc. • New international context: – BEPS Action 7 (changes in art. 5.5 and 6, clarification art. 5.4. + anti- fragmentation clause, splitting of contracts: anti-avoidance or specific clause) – BEPS Actions 8-10 + 13 – Mutual assistance: OECD / Council of Europe http://catedras.uca.es/eu-tax-law-jean-monnet Administration, legal certainty and prevention of conflicts (1) • Legal certainty crucial for investors within a country • If countries do not agree with specific provisions of treaties, they should try to have treaties that reflect their positions: – Articles, protocols, positions OECD MC for non Members, clear interpretation of guidelines • Conflicts of interpretation concept of PE due to unilateral positions: – PEs thresholds (Interpretation of ‘furnishing of services / presence test” in art. 5.3.b), art. 14 UN MC (e.g. (...) – PE more similar to ‘residence’ – Non-PEs have special features – But payer before-hand may not know status of recipient of income http://catedras.uca.es/eu-tax-law-jean-monnet Application of tax treaties to NR (business profits and services): procedures direct application (3) • Withholding / reporting system, design also affects application: – Option between ‘permanent address’, ‘certificates’ – Objective standard of diligence of WHT agent + penalties / non- deductions needed if system is to work, – But . . . assistance in collection (art. 27 UN MC / OECD: OECD / Council of Europe) may reduce pressure on WHA • Advantages: – More efficient application of tax treaties: directly by payer – Less burden for tax authorities – Information provided even if no WHT applies through returns of withholding agent (‘negative returns’): • Relevant for business profits: information obtained about exemption – Effect of gross up mitigated for WHA 5 http://catedras.uca.es/eu-tax-law-jean-monnet Application of tax treaties to NR (business profits and services): procedures direct application (4) • Disadvantages: – Application of tax treaty depends on good judgment of payer of income – System of liability of payer / WHA is needed: • Standard of diligence of WHA should be clearly defined, objective liability not desirable • Not so easy to apply (1) beneficial ownership; (2) LOBs; (3) residence in treaty partner (certificates, address etc.) – WHA may refuse to apply treaties directly to avoid liability • Problem in the case of business profits if no withholding applied and there is a PE http://catedras.uca.es/eu-tax-law-jean-monnet Application of tax treaties to NR (business profits and services): procedures withhold and refund (5) • Advantages: – Withholding tax agents have less burden: no control on whether treaty applies – Procedure permits to take into account expenses linked to business profits (especially services) (not only system: reductions on gross payments, reduced withholding taxes) – In specific sectors where large amounts of money are involved: useful to detect PEs in the refund procedure • Disadvantages: – Burden for tax administrations: • Refund procedures • ‘Costs’ of interest on refunds – Burden for taxpayers: • Need to follow refund procedures (many if many sources of income or payments), delays in refunds are common • Procedures with administrative waivers: similar issues but advantage of one time procedure in some cases • Withhold and refund may be designed for specific sectors regardless of whether there is a PE or not: payments for construction, engineering projects 6 http://catedras.uca.es/eu-tax-law-jean-monnet Application of tax treaties to NR (business profits and services): procedures verification treaty entitlement (6) • Advantages: – More control ex ante on whether taxpayer has access to a treaty • Disadvantages: – Administrative burden for taxpayers and tax authorities: obstacle to commercial transactions – Potential violation of treaty if ‘domestic procedure’ excludes taxpayer from treaty • Issues of form, deadlines etc. – Obstacle for commercial transactions http://catedras.uca.es/eu-tax-law-jean-monnet Application of tax treaties to NR (business profits and services): balance of factors • Legal certainty • PEs / non-PEs • Different thresholds for business profits / services • Risk of avoidance • Burdens on taxpayers, withholding agents, tax administration 7 http://catedras.uca.es/eu-tax-law-jean-monnet Obtaining information to apply the treaty: business profits and services (1) • Factors: – ‘Hybrid’ nature of business profits / services: NR try to avoid PEs – PE threshold highly factual / can arise retroactively (discovered by tax administration or by factual circumstances, prolongation, delays in business transactions) • Overlap: taxpayer having a PE may have been regarded as not having a PE, connection of both systems should be regulated – But treaty may make taxpayer disclose PE: withholding on gross income, PE way out • Different types of information: – From taxpayer – From withholding agents / subsidiaries / clients – From other agencies, domestic administrations – From the other State • From taxpayer • TINs, Registration with tax or other authorities: – But non-residents without PE: excessive burden, more information from payer • Disclosure obligations of foreign ‘representative offices’ (India), connection with art. 5.4. (...) ADIT, 4 July 2014 (ITA No. 671/2011): Linkedin profile of employee relevant evidence to conclude that there is a PE in India – Internet information about companies (CbCR of some of them available on-line) – Exchange of information upon request / CbCR 8 http://catedras.uca.es/eu-tax-law-jean-monnet Application of treaty to non-residents business profits and services • What treaty provision for business profits?
Language:English
Score: 1065120 - https://www.un.org/esa/ffd/wp-...tiesToNonResidents_Jimenez.pdf
Data Source: un
Background Under the rules incorporated in the domestic tax laws of most countries and in the vast network of bilateral tax treaties currently in force, a country is generally prevented from taxing the business profits of a foreign company unless these profits are derived from some form of physical presence that the company has in the country (generally referred to as “nexus”). (...) To a large extent, the digitalization of business models has accentuated the fundamental difficulty of determining where business profits originate and should therefore be taxed. (...) Yet, the risks of double taxation and double non-taxation that would result from the use of fundamentally different rules for allocating and taxing business profits have led countries to seek multilateral solutions to these problems.
Language:English
Score: 1050783.7 - https://www.un.org/esa/ffd/wp-...-of-the-Economy_Issue-note.pdf
Data Source: un
The profits covered consist in the first place of the profits obtained by the enterprise from the carriage of passengers or cargo. (...) The Commentary notes as follows: 5. Profits obtained by leasing a ship or aircraft on charter fully equipped, mannedcrewed and supplied must be treated like the profits from the carriage of passengers or cargo. (...) On the other hand, the provision does not cover a clearly separate activity such as the keeping of a hotel as a separate business; the profits from such an establishment are in any case easily determinable.
Language:English
Score: 1047387.1 - https://www.un.org/esa/ffd/wp-...13STM_Presentation_Krysiak.pdf
Data Source: un
Not all of the business owners we found were willing to tell us their profits or other information. (...) Due to the complexity of the interactions already employed, these are estimated by splitting the sample. 6.1 Business profit outcomes The main variable of interest is the effect on the output of the business, specifically profits from the business. Business owners were asked what their total profits were in the last month4.
Language:English
Score: 1046199.6 - www.ilo.org/wcmsp5/grou...eetingdocument/wcms_237086.pdf
Data Source: un
Not all of the business owners we found were willing to tell us their profits or other information. (...) Due to the complexity of the interactions already employed, these are estimated by splitting the sample. 6.1 Business profit outcomes The main variable of interest is the effect on the output of the business, specifically profits from the business. Business owners were asked what their total profits were in the last month4.
Language:English
Score: 1046199.6 - https://www.ilo.org/wcmsp5/gro...eetingdocument/wcms_237086.pdf
Data Source: un